Regulation of Will Writer

Who are Will Writers?

Anybody can set themselves up as a ‘Will Writer’. They do not need any legal qualifications or be regulated in any particular way.  There are many organisations calling themselves ‘Will Writers’ around the country. Some of these rely upon staff who have had only rudimentary training. Its possible, therefore, that the Wills they encourage people to make are not suitable for their particular circumstances.  If incorrect advice is being given, there is little prospect of being able to pursue a Will Writer afterwards.

Who can I rely on?

By contrast, all Solicitors are Regulated by the Solicitors Regulatory Authority, and must have appropriate indemnity insurance in place. Indeed so do those Will Writing Firms who are signed up to the Society of Will Writers or the Institution of Professional Will Writers.

What about stricter regulation?

The Law Society have attempted to remove “rogue” Will Writers from the system. They put forward a request that the Government regard Will Writing as a “reserved legal activity”. This means it would only be carried out by suitably qualified – and Regulated – legal professionals.  The Legal Services Board made a recommendation to the Lord Chancellor back in 2013 that formal Regulation be imposed. The Government at that time decided to encourage voluntary Regulation instead.

As things stand, we are still in the situation where anyone can call themselves a “Will Writer” and therefore it is important that members of the public do take care that they are getting appropriate advice from someone who is suitably qualified.

What can I do?

By instructing one of the Solicitors at Poole Alcock to prepare a Will, you can be safe in the knowledge that you be receiving a fully professional service, that it is backed up with the appropriate qualifications, regulations, and indemnity insurance to give you peace of mind.

For more information, or for an appointment to discuss your requirements, speak to one of our expert solicitors in our Wills and Probate team on 01270 625478. Alternatively you can visit our wills and probate services page here or complete the form linked here and we will call you back.